Bodhi Tree trial nears end with closing arguments

Humboldt County Deputy District Attorney Elan Firpo told jurors during closing arguments Thursday that Bodhi Tree fatally shot two people in "cold blood" at an Arcata home last year, calling him the "worst kind of murderer" — someone who shoots people in the dark, brags about it and then runs away.

Tree has pleaded not guilty to two charges of murder in the deaths of Eureka High School senior Christina Schwarz and 27-year-old Alan "Sunshine" Marcet at a home on Eye Street in May 2013, and one charge of attempted murder in the shooting of Rhett August a few days earlier. He faces 50 years to life in prison if convicted.

Firpo walked jurors through the events outside August's Eureka apartment, where Tree was punched several times by three men for what witnesses described as acting inappropriately and groping one of the women at a party. August, the party's host who stood by as Tree was beaten, was later shot when he opened his door — a crime that occurred a few days before the Arcata murders.

Witnesses testified they were with Tree outside the apartment on the night August was shot, Firpo told jurors.

"Charlie Crow testified he saw the muzzle flashes," Firpo said. "Charlie and Sean Butler-Smith are sitting in the car and hear four to five rapid fire shots. Bodhi gets back in the car, and Charlie drives him to Arcata and drops him off. On the 15th, after the shooting in Eureka, Sean Butler-Smith goes to the Eye Street house with Bodhi, does some drugs and passes out. It seems all in a fog for him."

Firpo said the three witnesses' testimonies that they saw Tree being sexually aggressive and vulgar toward Schwarz, who was upset by his advances, show Tree's pattern of behavior.

"Tree has to look at Sunshine snuggling with the girl he can't get with and then takes money from him, that hurts a person's pride," Firpo said. "The people's position is that no one was awake, and (Tree) shot Christina and Sunshine in cold blood."

When Arcata Police Department officers showed up at a house Tree was in the following day, he fled, Firpo told jurors.

"If he didn't do anything, there was no reason to run," Firpo said. "If he didn't do the shooting, why would he get rid of the gun? That's destruction of evidence."

Firpo thanked the jury for paying attention through the numerous weeks of testimony and noted there was a number of witnesses over the course of the trial.

"Every one of these witnesses remembered the important things and they never wavered; they got the important stuff," Firpo said. "Everybody here with any kind of criminal activity, I offered them the same immunity agreement that what they say on the stand won't be used against them. They could say anything and I have to agree that if they agree to testify, I can't prosecute them or they can't turn around and be arrested."

Firpo began reviewing witness testimony, starting with the officers who were on scene and moving through to August.

"Bodhi, without a doubt, tried to kill Rhett, and it wasn't a fatal wound, but he shot Christina and Sunshine in bed defenseless," Firpo said.